Awaves Play Terms of Use
Last updated: 06-08-2022
By using Awaves Play, you agree to these Terms of use. If you do not agree to these Terms of use, you are not allowed to use Awaves Play. By accepting these Terms of use, you guarantee not to use Awaves Play in a way that is not expressly permitted by these Terms of use.
Dutch law may give you certain rights that cannot be waived in a contract, these conditions are not intended to limit these rights.
Article 1 - Definitions
1. Awaves B.V.: the Dutch (besloten vennootschap) company that developed and owns Awaves Play.
2. Awaves Play: the online platform where you can get the user experience of an artificial intelligence DJ.
3. User: the person making use of Awaves Play.
4. Parties: Awaves B.V. and the User together.
5. Terms of use: the Terms of use of Awaves B.V. for the use of Awaves Play.
6. Personal non-commercial use: any use outside the User’s private sphere is considered to be non-personal and commercial, to be determined by Awaves B.V.
Article 2 - Applicability of Terms of use
1. The Terms of use apply to the use of Awaves Play.
2. The parties can only deviate from these Terms of use if they have expressly agreed to do so in writing.
3. The parties explicitly exclude the applicability of supplementary and/or deviating Terms of use of the user or of third parties.
4. Unless otherwise agreed in writing between the User and Awaves B.V., these Terms of use contain all the terms and conditions that have been agreed between the User and Awaves B.V. These Terms of use replace any previous written or verbal agreement between the User and Awaves B.V. regarding the subject of these Terms of use.
5. If Awaves B.V. fails to enforce these Terms of use or any provision of the General Terms and Conditions, this shall not constitute a waiver of this right.
Article 3 - Price increases
Awaves B.V. has the right to increase the price for the use of Awaves Play at any time.
Article 4 - Use of Awaves Play
1. If the User complies with these Terms of Use, Awaves B.V. grants the User a limited, personal, non-commercial, non-exclusive right to use Awaves Play.
2. For non-personal and/or commercial use, the User must have an applicable subscription. If use occurs without an applicable subscription, Awaves B.V. shall charge the User a fee in accordance with the subscription model, which the User shall pay forthwith.
3. Use of Awaves Play is only allowed in the Netherlands. By using Awaves Play, and thereby agreeing to these Terms of Use, the User warrants to use Awaves Play only in the Netherlands.
Article 5 - Amendment of Terms of use
Awaves B.V. is entitled to amend or supplement these Terms of use at any time.
Article 6 - Transfer of rights
1. Rights of the User arising from an agreement between the parties cannot be transferred to third parties without the prior written consent of Awaves B.V.
2. This provision is considered a clause with property-law effect as referred to in Article 3:83(2) of the Dutch Civil Code.
Article 7 - Minimum age
In order to use Awaves Play, the User must:
– 13 years of age or older; or
– Have the consent of a parent or guardian if the User is a minor. In this case, the User’s parent or guardian must accept the Terms of use.
Article 8 - Availability of Awaves Play
Awaves B.V. will do everything reasonable to keep Awaves Play operational. However, the availability of Awaves Play may change from time to time and is subject to Dutch law. Awaves B.V. is not liable to the User if:
– Awaves Play is temporarily interrupted by technical problems, malfunctions, maintenance or tests and updates.
– Awaves B.V. decides to modify or terminate Awaves Play.
Article 9 - Use of trade name
Awaves Play is owned by Awaves B.V.. These Terms of use do not give the User the right to use the trade name, logo, domain names or any other features of Awaves Play and Awaves B.V. for commercial and non-commercial use.
Article 10 - Additional rights Awaves B.V.
By accepting these Terms of use, the User grants Awaves B.V. the right to allow Awaves Play to use the processor, bandwidth and storage hardware of the User’s device in order to facilitate the processing of Awaves Play if needed. In addition, the User grants Awaves B.V. the right to provide advertising or additional information.
Article 11 - Suspension of access
Awaves B.V. is entitled to suspend a User’s access to Awaves Play if Awaves B.V. believes that the User has violated the Terms of use.
Article 12- Warranty
1. Awaves Play is available in the state in which it is available online, without any express, implied or statutory warranty. Awaves B.V. does not guarantee that Awaves Play is free of harmful components such as malware.
2. Awaves B.V. gives no guarantees and accepts no responsibility for products or services promoted via Awaves Play.
3. No warranty can be derived from oral or written information obtained from Awaves B.V.
Article 13 - Intellectual property rights
1. All copyrights, trade rights, and other intellectual property rights in and related to Awaves Play are the property of Awaves B.V.
2. The User is not allowed to copy, distribute, or use Awaves Play or any part thereof as the basis for derivative works without Awaves B.V.’s prior written consent.
Article 14 - Liability
Awaves B.V. and its representatives, shareholders, employees, directors, successors and assignees shall not be liable for:
a. Any damage caused by the use or inability to use Awaves Play.
b. Any loss of use, loss of data, loss of business or profit caused by the use or inability to use Awaves Play.
Article 15 - Indemnification of Awaves B.V.
By accepting these Terms of use, the User shall indemnify Awaves B.V. and hold Awaves B.V. harmless against all reasonably foreseeable losses, damages and reasonable expenses that Awaves B.V. suffers or has suffered as a result of the User’s breach of the Terms of use.
Article 16 - Collective or group action
To the extent allowed by Dutch law, by accepting these Terms of use, the User agrees that the User can only bring an individual claim against Awaves B.V., and not as a plaintiff or member of a class action or a group claim. Conversely, Awaves B.V. is only allowed to file an individual claim against the User, and Awaves B.V. is not allowed to file a class action or a group claim against the User.
Article 17 - Amendments
1. These Terms of use may be amended from time to time. If a dispute arises between the User and Awaves B.V. before the date on which the amended Terms of use are published, these amendments shall not apply to the dispute. Use of Awaves Play after the amendment of the Terms of use is considered to be acceptance of the amendment.
2. At the top of this document is the date on which the Terms of use were last amended.
Article 18 - Consequences of nullity or
voidability
1. If one or more provisions of these Terms of use prove to be null and void or voidable, this will not affect the other provisions of these Terms of use.
2. A provision that is void or voidable shall be replaced by a provision that comes closest to what Awaves B.V. had in mind when drawing up the Terms of use.
Article 19 - Applicable law and competent court
1. Only Dutch law applies to the use of Awaves play.
2. The Dutch court in the district where Awaves B.V. has its registered office has exclusive jurisdiction to hear any disputes between the parties, unless compulsory law prescribes otherwise.